RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 APRIL 2004
DOCKET NUMBER: AR2003099033
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Roger W. Able | |Chairperson |
| |Mr. Robert J. Osborn II | |Member |
| |Ms. Yolanda Maldonado | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to reflect award
of the Defense Meritorious Service Medal.
2. The applicant states, in effect, that the award was a retirement
decoration but was not awarded until after his March 1998 retirement.
3. The applicant provides a copy of the award announcement and citation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on 31
March 1998. The application submitted in this case is dated 3 October
2003.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice. This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. Records available to the Board indicate that the applicant entered
active duty on 4 August 1977 and served continuously until his retirement
in March 1998. His records reflect multiple joint service awards as a
result of his service in a variety of joint service activities.
4. The applicant was assigned to the Defense Intelligence Agency at the
time of his retirement. On 27 April 1998, nearly a month after his
retirement, officials at the Defense Intelligence Agency announced that the
applicant had been awarded the Defense Meritorious Service Medal in
recognition of his "exceptionally meritorious service" as a Security
Officer, with the Accreditation Management Branch, Security Operations
Division between June 1994 and March 1998. The award was not recorded on
his separation document.
DISCUSSION AND CONCLUSIONS:
The evidence confirms that the applicant was awarded the Defense
Meritorious Service Medal in recognition of his meritorious service with an
element of the Defense Intelligence Agency. The award was announced after
his separation from active duty and as such was omitted from his separation
document.
BOARD VOTE:
__RWA__ __RJO__ ___YM _ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that he was awarded the
Defense Meritorious Service Medal.
_____Roger W. Able_______
CHAIRPERSON
INDEX
|CASE ID |AR2003099033 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040413 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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